Kevin A. Kok

The applicants, owners of a Toronto condominium unit, sought an order for possession against the respondent, who had remained in the unit rent-free since May 2020 after the expiry of a short-term rental agreement.

The respondent claimed a tenancy under the Residential Tenancies Act, 2006, but the Landlord Tenant Board (LTB) found no tenancy existed.

The court denied the respondent’s repeated adjournment requests, found no proper appeal or stay, and held that the applicants were entitled to possession, compensation for unpaid rent, and costs.

The respondent was found to be a trespasser, not a tenant.

The applicant, a non-profit corporation operating a seniors' apartment complex, sought a municipal property taxation exemption under s. 3(1)(12)(iii) of the Assessment Act, claiming to be "organized for the relief of the poor." The Municipal Property Assessment Corporation opposed.

The court dismissed the application, finding that the applicant did not demonstrate the required "endeavour" to relieve poverty as interpreted by the Court of Appeal in Religious Hospitallers of St. Joseph Housing Corp. and reaffirmed in Stamford Kiwanis Non-Profit Homes Inc. The court also found insufficient evidence that the majority of the applicant's tenants were "poor" within the meaning of the legislation, despite some units being Rent Geared-to-Income and a means test for others.